28 June 2016
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MINUTES ORDINARY COUNCIL - 28 JUNE 2016 DRAFT MINUTES – 28 JUNE 2016 Minutes of Ordinary meeting of the Port Stephens Council held in the Council Chambers, Raymond Terrace on – 28 June 2016, commencing at 5.30pm. PRESENT: Mayor B MacKenzie, Councillors G. Dingle, C. Doohan, S. Dover, K. Jordan, P. Kafer, P. Le Mottee, J. Morello, S. Tucker, General Manager, Corporate Services Group Manager, Acting Facilities and Services Group Manager, Development Services Group Manager and Governance Manager. 173 Councillor Ken Jordan Councillor Steve Tucker It was resolved that the apologies from Cr Chris Doohan and Cr John Nell be received and noted. PORT STEPHENS COUNCIL 1 MINUTES ORDINARY COUNCIL - 28 JUNE 2016 174 Councillor John Morello Councillor Sally Dover It was resolved that the Minutes of the Ordinary Meeting of Port Stephens Council Ordinary Council held on 14 June 2016 be confirmed. Cr Steve Tucker declared a less than significant non-pecuniary conflict of interest in Item 6 and 10. The nature of the interest is that Cr Tucker has previously served on the Medowie Sports and Community Club Committee. PORT STEPHENS COUNCIL 2 MINUTES ORDINARY COUNCIL - 28 JUNE 2016 INDEX SUBJECT PAGE NO MOTIONS TO CLOSE ............................................................................ 5 1. MOTION TO CLOSE .........................................................................................6 2. MOTION TO CLOSE .........................................................................................7 3. MOTION TO CLOSE .........................................................................................8 COUNCIL REPORTS.............................................................................. 9 1. HERITAGE PROJECTS FUND 2016-2017 ..................................................... 10 2. PLANNING PROPOSAL - KINGS HILL CADASTRAL MAPPING UPDATE ......................................................................................................... 35 3. SPONSORSHIP REQUEST: 2016 SUMMER OF SURF ................................ 40 4. ENVIRONMENTAL PROJECTS FUND 2016-2017 ........................................ 46 5. RAYMOND TERRACE AND HEATHERBRAE IMPLEMENTATION PANEL ............................................................................................................ 53 6. EXHIBITION OF PROPOSED AMENDMENT TO PORT STEPHENS SECTION 94 DEVELOPMENT CONTRIBUTIONS PLAN - STAGE 1 FERODALE PARK SPORTS COMPLEX MASTERPLAN ............................... 10 7. CULTURAL PROJECTS FUND 2016-2017 .................................................... 61 8. ABORIGINAL PROJECTS FUND 2016-2017 ................................................. 73 9. TENDER: T02-2016 CIVIL CONSTRUCTION OF A SEVEN LOT COMMERCIAL SUBDIVISION AT 155 SALAMANDER WAY, SALAMANDER BAY ....................................................................................... 79 10. AGREEMENT FOR LEASE OF BUILDING AND GROUNDS OF 36A FERODALE ROAD MEDOWIE (LOT 1 DP 1003417) TO MEDOWIE SPORTS AND COMMUNITY CLUB INC. ....................................................... 22 11. ALLOCATION OF FUNDS FROM TARRANT ROAD LAND SALES .............. 86 12. POLICY REVIEW: GRANTS AND DONATIONS ............................................ 91 13. COMMUNITY PROJECTS FUND 2016-2017 ............................................... 111 14. POLICY REVIEW: LEGISLATIVE COMPLIANCE POLICY .......................... 118 15. REVISED FEES AND CHARGES 2016-2017 ............................................... 124 16. REQUEST FOR FINANCIAL ASSISTANCE ................................................. 131 17. INFORMATION PAPERS .............................................................................138 INFORMATION PAPERS ................................................................... 140 1. RENEWABLE SERVICES CONTRACTS - CONTRACT EXTENSION ........ 141 2. CASH AND INVESTMENTS HELD AS AT 31 MAY 2016 ............................. 143 3. IPWEA (NSW) ROADS AND TRANSPORT CONGRESS - 6 JUNE 2016 ..............................................................................................................147 PORT STEPHENS COUNCIL 3 MINUTES ORDINARY COUNCIL - 28 JUNE 2016 CONFIDENTIAL ................................................................................. 154 1. CALL FOR DETAILED PROPOSALS - DONALD STREET, NELSON BAY CAR PARKS ......................................................................................... 155 2. CHANGE OF PURCHASER FOR PROPOSED LOT 2, 155 SALAMANDER WAY, SALAMANDER BAY.................................................. 155 3. SALE OF 8 FLEET STREET SALAMANDER BAY .......................................156 PORT STEPHENS COUNCIL 4 MINUTES ORDINARY COUNCIL - 28 JUNE 2016 MOTIONS TO CLOSE PORT STEPHENS COUNCIL 5 MINUTES ORDINARY COUNCIL - 28 JUNE 2016 ITEM NO. 1 FILE NO: 16/349812 RM8 REF NO: PSC2015-03898 MOTION TO CLOSE REPORT OF: WAYNE WALLIS - GENERAL MANAGER GROUP: GENERAL MANAGER'S OFFICE RECOMMENDATION: 1) That pursuant to section 10A(2) (d)i of the Local Government Act 1993, the Committee and Council resolve to close to the public that part of its meetings to discuss Confidential Item 1 on the Ordinary agenda namely Call For Detailed Proposals - Donald Street, Nelson Bay Car Parks. 2) That the reasons for closing the meeting to the public to consider this item is that the discussion will include information containing: • commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. 3) That the report remain confidential and the minute be released in accordance with Council’s resolution. ORDINARY COUNCIL MEETING - 28 JUNE 2016 MOTION 175 Councillor Paul Le Mottee Councillor Ken Jordan It was resolved that Council: 1) That pursuant to section 10A(2) (d)i of the Local Government Act 1993, the Committee and Council resolve to close to the public that part of its meetings to discuss Confidential Item 1 on the Ordinary agenda namely Call For Detailed Proposals - Donald Street, Nelson Bay Car Parks. 2) That the reasons for closing the meeting to the public to consider this item is that the discussion will include information containing: • commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. 3) That the report remain confidential and the minute be released in accordance with Council’s resolution. PORT STEPHENS COUNCIL 6 MINUTES ORDINARY COUNCIL - 28 JUNE 2016 ITEM NO. 2 FILE NO: 16/349816 RM8 REF NO: PSC2009-02408V4 MOTION TO CLOSE REPORT OF: WAYNE WALLIS - GENERAL MANAGER GROUP: GENERAL MANAGER'S OFFICE RECOMMENDATION: 1) That pursuant to section 10A(2) (c) of the Local Government Act 1993, the Committee and Council resolve to close to the public that part of its meetings to discuss Confidential Item 2 on the Ordinary agenda namely CHANGE OF PURCHASER FOR PROPOSED LOT 2, 155 SALAMANDER WAY, SALAMANDER BAY. 2) That the reasons for closing the meeting to the public to consider this item is that the discussion will include information containing: • information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 3) That the report remain confidential and the minute be released in accordance with Council’s resolution. ORDINARY COUNCIL MEETING - 28 JUNE 2016 MOTION 176 Councillor Paul Le Mottee Councillor Ken Jordan It was resolved that Council: 1) That pursuant to section 10A(2) (c) of the Local Government Act 1993, the Committee and Council resolve to close to the public that part of its meetings to discuss Confidential Item 2 on the Ordinary agenda namely CHANGE OF PURCHASER FOR PROPOSED LOT 2, 155 SALAMANDER WAY, SALAMANDER BAY. 2) That the reasons for closing the meeting to the public to consider this item is that the discussion will include information containing: • information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 3) That the report remain confidential and the minute be released in accordance with Council’s resolution. PORT STEPHENS COUNCIL 7 MINUTES ORDINARY COUNCIL - 28 JUNE 2016 ITEM NO. 3 FILE NO: 16/349817 RM8 REF NO: A2004-0882 MOTION TO CLOSE REPORT OF: WAYNE WALLIS - GENERAL MANAGER GROUP: GENERAL MANAGER'S OFFICE RECOMMENDATION: 1) That pursuant to section 10A(2) (d)i of the Local Government Act 1993, the Committee and Council resolve to close to the public that part of its meetings to discuss Confidential Item 3 on the Ordinary agenda namely SALE OF 8 FLEET STREET SALAMANDER BAY. 2) That the reasons for closing the meeting to the public to consider this item is that the discussion will include information containing: • commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it. 3) That the report remain confidential and the minute be released in accordance with Council’s resolution. ORDINARY COUNCIL MEETING - 28 JUNE 2016 MOTION 177 Councillor Paul Le Mottee Councillor Ken Jordan It was resolved that Council: 1) That pursuant to section 10A(2) (d)i of the Local Government Act 1993, the Committee and Council resolve to close to the public that part of its meetings to discuss Confidential Item 3 on the Ordinary agenda namely SALE OF 8 FLEET STREET SALAMANDER BAY. 2) That the reasons for closing the meeting to the public to consider this item is that the discussion will include information containing: • commercial information of a confidential